WEST BOISE 87 v. L & S DEVELOPMENT CO.

No. 15111.

700 P.2d 71 (1985)

108 Idaho 449

WEST BOISE 87, an Idaho corporation, Darrel V. Manning, Dale Purdy, Willis C. Pierce, John Zamora, James Boyd, Peter Williams, Clifton Gibbs, William Deasey, Carol Deasey, Clifford Wellington, Mrs. Clifford Wellington, Ray Cantreil, James N. Welch, Lynne Welch, Jerry C. Pate, Greta D. Pate, Henry L. Gimmel, Roger T. Keithly, Joanne Wright, Mrs. Edwin T. Wilkinson, Dorcey Riggs, Karen Simkins, and Clinton P. Simkins, Plaintiffs-Respondents, v. L & S DEVELOPMENT COMPANY; Edward L. Bews; and A. Burton Smith, Defendants-Appellants, and Boise City; Boise City Council, and the following members, Marge Ewing, Ralph McAdams, Berne K. Jensen, Corki Onweiler, Joy Buersmeyer and Glenn E. Selander; Boise City Planning & Zoning Commission, and the following members, Dale Higer, Stan Nuffer, Joan Carley, Charles F. Hall, Greg Kreizenbeck, James Melville, H. George Richardson, Robert Sims, and William Winkle; Gerald T. Unterkeofler, Director of Planning; and Richard R. Eardley, Mayor, Defendants-Respondents by Intervention.

Court of Appeals of Idaho.

April 9, 1985.


Attorney(s) appearing for the Case

Richard H. Greener and Rory R. Jones (argued), Clemons, Cosho & Humphrey, Boise, for defendants-appellants Bews and Smith.

Wilford H. Fawcett, IV, Deputy City Atty., Boise, for defendant-respondent by intervention Boise City.

Charles F. McDevitt, Givens, McDevitt, Pursley & Webb, Boise, for plaintiff-respondent West Boise 87.


WALTERS, Chief Judge.

L & S Development Company appeals from the district court's order sustaining a decision of the Boise City Planning and Zoning Commission. Because we hold the district court erred by entering the order from which L & S appeals, we vacate the order and remand for further proceedings pursuant to the Idaho Administrative Procedures Act.

This suit was commenced by an association of Boise citizens identified as "West Boise 87." The...

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